Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56692 of 2019 Applicant :- Siraj Hussain Siddiqui Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Kumar Vaish Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Yogesh Kumar Vaish, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I appearing for the State.
It has been contended by the learned counsel for the applicant that the co-accused Deen Bandhu has been granted bail by another Bench of this Court on 20.9.2018 in Criminal Misc. Bail Application No.35808 of 2018, a copy of said order has been annexed as annexure-7 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 29.7.2018.
Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Without expressing any opinion on the merits of the case let the applicant Siraj Hussain Siddiqui involved in Case Crime No.527 of 2018, under Section 393 I.P.C. and Section 12/14 of U.P. D.A.A. Act, 1983 Police Station Karwi Kotwali, District Chitrakoot be released on bail on his furnishing personal bonds with two sureties of Rs.two lakhs each (one should be of family member) with the following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 19.12.2019 Dev/-